License
Agreement
Removing the seal from the product indicates your agreement to be bound
by the terms of the agreement. ("Agreement") printed in the Users
Manual. If you do not agree with the "Agreement", do not remove
product seal and promptly return, this tool, package and the other items
(written materials and containers) to Stots Corporation for a full refund.
Important: It is important that you carefully read the following
agreement prior to removing the seal on the product.
Thank you for purchasing this Stots Corporation product.
LICENSE GRANT This is a license, not a sales agreement, between you,
the end user, and Stots Corporation ("Stots"). Stots grants to
you a non-exclusive, non-transferable (except as provided below) license
to use the Make-It-RightTM Template Master TM ("Product")
attached to the agreement seal and also to the manufacturing process
("Process") described in the accompanying documentation in
accord with the terms set forth in this License Agreement.
You may: a. use the Product (or any of the working templates produced
using the Product or Process) in only one shop by the original purchaser
only; b. make one (1) copy of the instructions for backup purposes,
provided that you reproduce all proprietary notices on the copy; and c.
use the Process described in the instruction book (multiple US patents
pending) only with the original Product provided with the instruction
book.
You may not: a. allow individuals that did not purchase the original
Product use the Product or any templates produced using the Product or
Process described (without specific written permission from the Stots
Corporation); b. modify, translate, reverse engineer, create derivative
works based on, or copy (except for the backup copy) the instruction book;
c. rent or lease the Product, templates produced using the Product and the
Process, any rights granted by this license agreement, or accompanying
documentation in any form to any person without the prior written consent
of Stots which, if give, is subject to the transferees consent to the
terms and conditions of this license; d. remove any proprietary notices,
labels, or marks on the Product, documentation, and containers; and e.
copy the Product using the Process (or any other means).
All rights, title, interest, and all copyrights to the documentation,
and any copy made by you remain with Stots. Unauthorized copying of the
Product or the documentation, or failure to comply with the above
restrictions, will result in automatic termination of this license and
will make available to Stots other legal remedies.
LIMITATION OF REMEDIES: Your sole remedy under this License Agreement
shall be repair or replacement as provided in the warranty. Stots sole
and exclusive maximum liability for any claim by you or anyone claiming
through or on behalf of you arising out of your purchase or the warranty
shall not in any event exceed the actual amount paid by you for the
Product and documentation. IN NO EVENT SHALL STOTS BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, COLLATERAL, EXEMPLARY, CONSEQUENTIAL OR SPECIAL
DAMAGES OR LOSSES ARISING OUT OF YOUR PURCHASE AND USE OF THE PRODUCT OR
OUT OF THE WARRANTY, INCLUDING WITHOUT LIMITATIONS LOSS OF USE, PROFITS,
GOODWILL OR SAVINGS, OR LOSS OF WOOD CUT BY THE USER. SOME STATES DO NOT
ALLOW THE EXCLUDING OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
LIMITED WARRANTY
THE PRODUCT AND DOCUMENTATION IS PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE PRODUCT OR PROCESS IS WITH YOU, AND YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM
STATE TO STATE.
Stots does NOT warrant that the function contained in the Process will
meet your requirements or that the use of the Product will be error free.
However, Stots warrants that the Product as furnished will be free from
defects in material and workmanship for a period of five (5) years from
the date of purchase. Stots shall, at its option and cost, either repair
or replace the Product with a new or reconditioned Product provided the
Product is returned by you to Stots, along with the dated and serialized
proof of purchase, transportation and insurance prepaid, within the above
warranty period, and provided the Product is found by Stots to be
defective within the terms of this warranty. Stots shall return product
repaired or replaced to you, transportation and insurance prepaid.
Returned defective Product shall become the property of Stots. If any
Product returned by you to Stots for repair or replacement is found by
Stots, after examination and testing, not to be defective, Stots shall so
advise you and shall dispose of any such product in accordance with your
instruction and at your cost, and you shall reimburse Stots for
examination and testing expenses incurred at Stots then current rates.
CONTINUED USE OR POSSESSION OF THE PRODUCT AFTER EXPIRATION OF THE
ABOVE FIVE (5) YEARS WARRANTY PERIOD SHALL BE CONCLUSIVE EVIDENCE THAT THE
WARRANTY IS FULFILLED TO THE FULL SATISFACTION OF PURCHASER.
The warranty set forth above shall not apply to any failure or
deficiency which has been caused by misuse, neglect, alteration, improper
use, unauthorized repair or modification, improper following of the
Process, accident, or causes external to the Product or Process, such as,
but not limited to, excessive heat or humidity OR improper following of
the Process. Stots warranty set forth above shall not be enlarged
diminished or affected by, and no liability shall arise out of, Stots
rendering of technical advice or service in connection with your purchase.
This warranty set forth above is not assignable by you.
GENERALYou may terminate this licensee at any time by destroying the
Product; templates produced using the Process, and all copies of the
instruction book or by sending them to Stots. Stots may terminate this
license if you fail to comply with the terms and conditions of the License
Agreement. Upon such termination, you agree to destroy or return the
Product; templates produced using the Process, and all copies of the
instruction book or by returning them to Stots. You agree to be
responsible for the payment of any taxes resulting from this Agreement.
Any unauthorized rental, lease, and assignment or (except as provided
above) transfer of any copy of the Product or documentation shall be void.
If any provisions of this Agreement are held invalid, the remainder shall
continue in full force and effect. This License Agreement shall be
governed by the laws of the State of Kentucky.
This Agreement is the entire Agreement between you the purchaser and
Stots and supersedes any other communications, advertisements, or
understandings with respect to the Product, Process, and documentation.
TemplateMasterTM is a trademarks of Stots Corporation.